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HomeMy WebLinkAboutVAR 96-02_PLANNING lo V��V� NN � � O�� V�� VNNI � VN SEPHRHTOR SHEET aary 07L — II2 -0 Oq PROJECT NUMBER U A- R Qz PROJECT SUMMARY SHEET§ FILE#: VAR 96-02 PROJECT TYPE: VARIANCE APPLICANT: LOIS A. BAUER ADDRESS: 36 FEATHERVALE DRIVE, OROVELLE, CA 95966 OWNER: SAME ADDRESS: REPRESENTATIVE: NONE ADDRESS: PROJECT DESCRIPTION: A VARIANCE TO ALLOW A GARAGE TO BE BUILT IN THE 10FT. SIDE YARD SETBACK PROPERTY ZONED: AR 2.5 LOCATED: AT THE INTERSECTION FEATHERVALE DRIVE AND MT. IDA ROAD AT 36 FEATHERVALE DRIVE OROVILLE AP#: 072-112-009 TOWN/AREA: OROVILLE GENERAL PLAN DESIGNATION: AGRICULTURAL \ RESIDENTIAL 1. Application complete: MARCH 6,1996 Amount: $ 1388.00 Receipt#: 15294 2. Comments sent to: E.H./ SHERIFF/ LAFCo/ DEV.SERVICE DIR./ PLANNING MANAGER/ PW/ AG COM./ CDF 3. Comments received from: 4. Rezone Petition Signatures Checked: 5. Mailing List/Lead-in Sheet: 6. Assigned To: STEVE LUCAS 7. Environmental Determination: State Clearinghouse No: Categorical Exemption-CEQA# J lis Negative Declaration Mitigation Negative Declaration Subject to Fish&Game: Environmental Impact Report Gen.Rule Ex.-CEQA#15061.(bx3) Other 8. Staff Report: Project Video: 9. Clearinghouse circulation required: Yes No Date Sent to SCH: 10. Publication Notice Written: Display Ad Prepared: 11. Notices Mailed: Number of Notices: 12. Newspaper Publication Date: O C P GG B R 13. Planning Commission Hearing(s): (PI Action taken: Special Conditions: Commission Resolution No. 14. Board of Supervisors'Hearing(s): Action taken: Board Resolution No.: Ordinance No: Adopted: 15. Type Use Permit/Send for signature: 16. N.O.E./N.O.D./APPENDIX G: V V b,z4-4 a Fish &Game Fees Paid: Yes No 17. Send validated Use Permit: 18. Assessor's Memo: 19. Copy of Use Permit/Variance to Planning Technician: _ 4 D. Lois A. Bauer -Variance to allow a garage and a wood shed structure within the 10 foot side yard setback on property zoned AR-2.5 (Agricultural Residential-2.5 acre parcels) located on the south side of Feathervale Drive at its intersection with Mt. Ida Road, at 36 Feathervale Drive, identified as AP 072-112-009, Oroville. (SL) (VAR96-02) (VIDEO) Stephen Lucas summarized the staff report. He said the buildings in question were built without permits, but were costly and their removal would be costly also. He said the lot is substandard compared to other lots in the area and there is a limited area for buildings. Chairman Seegert said that the parcel is small for the zone, and the setbacks which apply are generally for much larger parcels. Commissioner Lynch said there are several zones which have a 5 foot setback, and a 10 foot setback is not really necessary on-a parcel of this size, and perhaps should be revised in the Ordinance. Chairman Seegert said a 5 foot setback is not consistent with the size of the parcel, which is a substandard size in a zone which has much larger parcels. Commissioner Lynch said the parcel was probably created prior to the zoning. Commissioner Nelson said that there appears to be a hardship to justify a variance. r Commissioner Lynch said the lot is also impacted by topography, including the streams. Commissioner Lambert asked if building permits had been obtained, would so many buildings have been allowed? Mr. Lucas said the Building Department would have checked only for permitted uses and setbacks. There is no restriction on the number of buildings. i HEARING OPEN TO THE PUBLIC I Louis Bauer said he has applied for the required building permits. He said the building was constructed from a county approved kit. ,i HEARING CLOSED TO THE PUBLIC i Commissioner Lambert asked if the beauty shop is a proper use under the zone. She was concerned about sufficient parking. Mr. Lucas said a beauty shop would be considered a home occupation, but is not related to the request for a variance. It was moved by Chairman Seegert, seconded by Commissioner Lynch, and carried unanimously to approve the request for a variance for Lois Bauer, subject to the findings and conditions of the Agenda Report dated May 29, 1996. Commissioner Lynch suggested that setbacks in various zones be reviewed for consistency and possibly revised. FINDINGS: h - BUTTE COUNTY PLANNING COMMIESION'MINUTES*— June 13,. 1996 h... _ s ��' cN. �� _ - _� w�� ,}j�,�^-tAK R`y �,y � J M�e{���w+�w�� + �I w Section 1: Environmental Findings. j A. The project is categorically exempt from review under the California Environmental Quality Act; and j Section 2: Zoning Ordinance Findings. A. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, that the strict application of this chapter deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification because the property is small (.83 acres) by rural residential standards and significantly smaller the 2.5 acre lot size required under the zoning designation, is constrained by two seasonal streams and accompanying riparian vegetation along the southern and western boundary that consumes approximately 8000 sq. ft. of the property, and the location of the structures does not impact the use of neighboring properties or present an aesthetic impact. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Variance for Lois Bauer on APN 072-112-009 to allow a garage and wood shed to remain within six (6)feet and nine (9)feet respectively of the side yard property line. Approval shall be subject to the following conditions: B. Standard Conditions of Approval: 1. Prior to issuance of variance, property owner shall obtain building permits for all non-permitted structures from the Building Division and meet all Building Division requirements. 2. All non-permitted structures shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 3. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment.0 �' BUTTE COUNTY PLANNING COMMISSION MINUTES - June 13 1996 .ir Mr �' � - v- * �•� 4 ;� ' i.pT.1i -►.4.—. ,.;C y�1w1rSSi:�iYs�c .Yws.-^ Z �. ..1ti� v � Y•'L{"-'y�j��'.�....7.aww�`.r..�.�+'b.r.,.; .,R ���� ,, 1 L c�,r�> T't �,,,�/P 1 ♦,�e�jP� � "1 !'+, ��� :.7. ���;�`��..-i' t {! ,.�k.�..�'y...��<�y , � ..�w •'1+F.�+1!amt��r,���`-J' tiTCsii�.Ya... .c � 3 I Y AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Stephen Lucas, Planner DATE: May 29, 1996 REQUEST: Variance 96-02-Applicant: Lois Bauer:A variance request to allow a garage and a wood shed structure within the ten (10) foot side yard setback on a .83 acre lot located on the south side of Feathervale Drive at its intersection with Mt. Ida Road at 36 Feathervale Drive in the Oroville area. The property is zoned AR 2.5 (Agricultural Residential-2.5 acre min) in Supervisorial District 1. RELATED ITEMS: None FOR: Planning Commission Meeting of June 13, 1996 SUMMARY: This request for a variance to the side yard setback presents a difficult analysis with no clear recommendation. Staff has provided the Commission with two options for either approval or denial based on the analysis in this report and assisted by anticipated oral testimony to be heard at the meeting. PROJECT CHARACTERISTICS:The project site is a rural residential property developed with a 720 sq. ft. mobile home, three (3) storage buildings ranging in size from 56 sq. ft to 144 sq. ft., a168 sq. ft. wood shed, a 240 sq. ft. beauty shop, a 360 sq. ft. carport, and a 952 sq. ft. garage. The garage and the wood shed are both in violation of the 10 ft. side yard setback. The property is .83 acres in size and extensively covered with both natural riparian vegetation and landscaping. The property is zoned AR 2.5(Agricultural Residential-2.5 acre min.)and is in an area characterized by rural residential homesites that involve animal keeping. Only the property immediately to the north of the project site is within visual distance and is the only property to be affected by the requested variance. ANALYSIS: This is a variance request to allow an existing garage and wood storage shed to remain within the ten (10) ft. side yard setback established in the AR 2.5 zone. The issue was brought to the attention of the Building Division as a result of complaints from a neighbor that neither the garage or the wood shed were built with building permits. Upon inspection by the Building Division, it was further determined that the buildings are in the 10 ft. setback and the matter was referred to the Planning Division along with the owners application for a variance. The applicant indicates that the garage was originally constructed in 1991 and the wood shed was built in 1988 at which time no permits were obtained for their construction. The applicant believed there was a 5 ft. setback from the property line which was reinforced by a sample plot plan provided by the Building Division showing a 5 ft. setback requirement. The exact property line location was also in question resulting in additional surveys and an acceptable agreement between the property owners as to the boundary. The applicant also indicates that the reason for constructing the garage 4 ft. too close to the property line was that the existing septic system leach field consumed much of the available yard area. At this time the applicant has applied for building permits for the structures and awaits the outcome of this variance request. Section 65906 of the State Planning and Development Law and Section 24-50.10 of the Butte County Code states that variance may only be granted when, because of special circumstances applicable to the property, including size shape topography, location or surroundings, the strict application of the zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. This property is small (.83 acres)by rural residential standards and significantly smaller than the 2.5 acre lot size required under the zoning designation. The property is further impacted by two seasonal streams and accompanying riparian vegetation along the southern and western boundary that consumes approximately 8000 sq.ft. of the 36,000 sq. foot property. The property adjacent to this project to the north is occupied by a single family structure that is built within the setback # Butte County Planning Commission Agenda Report # 1 and encroaches to within approximately two feet of the property line. This request has no clear support for an approval recommendation based on the failure to obtain building permits that would have prevented such an encroachment and the property owner could have constructed a smaller structure that complied with the setback requirements. A denial recommendation is equally difficult in that the property is constrained by the various factors discussed above, the structures exist and are in excellent condition, the cost of removing the structures would be great, and the location of the structures does not impact the use of neighboring properties or present an aesthetic impact. Given these concerns, staff has provided the Commission with two options and supporting findings. No adverse comments were received from other County Departments or local agencies. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. The project has been determined to be categorically exempt from environmental review under a class 5 exemption. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and were mailed to all property owners within a 300 foot radius of the subject property. As of the date of this report we have received no public comment. RECOMMENDATION: Staff has provided the Planning Commission with findings for both an approval recommendation and a denial recommendation as follows: Staff recommends that the Planning Commission approve the variance application to allow a garage and wood shed to remain within six(6) feet and nine (9)feet respectively of the side yard property line, File#VAR 96-02, subject to the following findings and conditions contained in exhibit A-1; or Staff recommends that the Planning Commission deny the variance application to allow a garage and woodshed within the ten (10)ft. side yard setback, File#VAR 96-03, subject to the following findings and conditions contained in exhibit A-2. Reviewed and approved by: /r W' iam Farre,'Director Development Services # Butte County Planning Commission Agenda Report # 2 -- EXHIBIT A-1 VARIANCE FINDINGS: Section 1: Environmental Findings. A. The project is categorically exempt from review under the California Environmental Quality Act; and Section 2: Zoning Ordinance Findings. A. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings,that the strict application of this chapter deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification because the property is small(.83 acres) by rural residential standards and significantly smaller the 2.5 acre lot size required under the zoning designation, is constrained by two seasonal streams and accompanying riparian vegetation along the southern and western boundary that consumes approximately 8000 sq. ft. of the property, and the location of the structures does not impact the use of neighboring properties or present an aesthetic impact. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Variance for Lois Bauer on APN.072-112-009 to allow a garage and wood shed to remain within six(6) feet and nine (9) feet respectively of the side yard property line. Approval shall be subject to the following conditions: B. Standard Conditions of Approval: 1. Prior to issuance of variance, property owner shall obtain building permits for all non- permitted structures from the Building Division and meet all Building Division requirements. 2. All non-permitted structures shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 3. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Attachments: A: Vicinity Map B: Site Plan # Butte County,P.,lanning.Commission Agenda Report # 3 EXHIBIT A-2 VARIANCE FINDINGS: Section 1: Environmental Findings. A. The project is categorically exempt from review under the California Environmental Quality Act; and Section 2: Zoning Ordinance Findings. A. In accordance with Butte County Code Section 24-50.10, there are not special circumstances applicable to the property, relating to size, shape, topography, location, or surroundings, that the strict application of this chapter deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. B. The failure to make application for and obtain building permits for the structures in question has resulted in a violation of the Building Codes of Butte County and the setback requirements of the Butte County Zoning Ordinance found in Section 24-95 for property zoned AR-2.5. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to deny the Variance for Lois Bauer on APN 072-112-009 to allow a garage and wood shed to remain within the ten (10)foot side yard setback. Attachments: A: Vicinity Map B: Site Plan # Butte County Planning Commission Agenda Report # 4 Vicinity Map J O ks o� Mobil Hom m a� J° �o Project Location ° VAR 96-02 AP#072-112-009 AR- H A-R oa AR 2 1/ I dg e Project Location R2 1/ ----------------' did BUTTE COUNTY PLANNING COMMISSION Applicant: Lois Bauer Owner: Same Hearing Date: Existing Zone: AR(Agricultural Residential, 2 1/2 acre min.) N Request: Variance to allow a garage to be built in the 10 ft side yard setback. No Scale Assessor Parcel No: 072-112-009 File: 96-02 DEPARTN Eik OF DEVELOPNIE,* SERVICES BUTTE COUNTY UNIF'ORNI APPLICATION Q APPLIC.IN'T: Agent information to be provided is on other side: APPLICANTS NAME( If applicant is different from owner an affidavit is required) ASSESSOR'S PARCEL NUMBER: L. S . i2A ADDRESS: CITY.STATE&ZIP CODE FILENUMBER:.:'-`'c-0It.E3FEI(�I7S�: ME OF PROPOSED PROJECT(If any TELEPHONE "Na (cn ) S LOCATION OF PROJECT(Major cross streets and Address, if any) - s ,4AI6 r�NX V 4 Z OR ,;".'.isa,,„+ .:SCD".r- �`�w'w.i::i:i:r{»,.;li.•'S«. v •��-`.'- ":[.:.1:.' - r.y, "•.y'a,,.n..,. GENERAI. INFORMATION REQUIRED .. . Vii'•' `�` �x: ....} �:T.:�i1+:i1:"h4..»':sw��•::'/=•�)M:�:::i9~r.M?o�>-»��: Y�'%r. �". OWNER'S NAME TELEPHONE ADDRESS: CITY.STATE&ZIP CODE )9RIV15- ORLOWULt- e,14, 9`5 ZONE GENERAL PLAN E LISTING LAND USE SITE SIZE(in Square Fee or Acres) r ,S G. D�NCC �o�u (;` Cl,4L ACP65 E asTrNG STRUCTURES(in Square Feet) PROPOSED STRUCILT2FS _-(,in Square Feet) 7 ` (check One) (Cbec1c One) _: :, Z' r3 PROPERTY is OR PROPOSED TO BE SEWERED PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC -3 PROPERTY IS OR PROPOSED TO BE ON WELL WATER "`��?' +< ;r!:r•� ;K=^; � :< �:,>.:< APPLICATION REQUESTED ;. �.:;;,�; >:: ..;.�; ;r`c. ;:r< ;,. :::. .;ter' •:..,,: 'Kul;Via.. �!ok:;'.> .a� ..o.!.,ti.. ...i•::b,.:......'�•-. ❑ GENERAL PLAN AMENDMENT ❑ TENTATIVE PARCEL MAP ❑ REZONE ❑ TENTATIVE SUBDIVISION MAP ❑ USE PERMIT ❑ WAIVER OF PARCEL MAP ❑ MINOR USE PERMIT E3 MINING AND RECLAMATION PLAN E3�S9s BOUNDARY LINE MODIFICATION -; VARIANCE MAR 2 6 MINOR VARIANCE ❑ LEGAL LOT DETERMINATION 13OrOl+ie ❑ ADMTMSTRATTVE PERMIT ❑ CERTIFICATE OF MERGER ❑ DEVELOPMENT AGREEMENT ❑ OTHER i a�;a.- o•t ':•s.r .•9`: :�.: •:✓ L-.. '.y:m. :iyl' •:v <>.<=:.;;iE:`..�:'aii.�;:�:�%"d'i Y':` •`:•. ^�r;`..•:�: ;;.% rv �•3:z `sw' "+:c x. s.;,i •-=� a� PROJECr DESCRIPTION <:% FULL DESCRIP'T'ION OF PROPOSED PROJECT(Attach nec\es�s(a/ry Sheets) `r C6 N/, OF l3u/G IN / 5 i o y »'.,'.:y�i'V:, ;�ii�..»:v ':i'v- •v���>iv,` il`t.;�: •�5 r ^y.: ,�.•_;^». '? �.;ij:':;�^„�. „ q•. ��j.<�.,,,. � .;•;:-• ,:.. �.•,;,,.;:' .mac.• ;>... ,� „�;• OWNER CFRTMCATION .,: .:,•:r::..:..�''" :;:..�.: ,,;':'.. •;,..� •�T i,,'...r::,`�'C:•• ..�.'•''���' 1yi.. ,�e'•i..�...• �{',iijj+;�!•, � y ..ef.-`• wr�f, i!•i'>.'. I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OF THE ABOVE DESCRIBED PROPERTY.FURTHER,I ACKNOWLFDGETHE FUM OF THIS APPLICATION mm CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE (If an agent is to be authorized,execute the affidavit of audwrindw on the reverse side) SIGNATURE. DATE: E 1 AGENT AUTHORIZATION FORM To Butte County, Department of Development Services; Print Name at Agent and Phan* Number - Mailing AddrMs is hereby authorized to process this application for on my, property, identified as Butte County Assesors Parcel Number .This authorization allows representation for all applications-, hearings, appeals, etc. and to sign all documents'necessary for said processing, but not including document(s) relating to record title interest Owner(s) of Record: (Sign and Pant Name) t Print Name Print Name Signature Signature Architect and/orEngineer: Print Name of Architect/Engineer and Phone Number Mainna Addrem FOR OFFICE USE ONLY Verify: 3 (e42Date received 1 3 88 00 Total amount received y'_AP Number(s) ' Legal Description - ' Owners Authorization - ✓ Zoning requirements Project Description ✓ `Copies of plot plan ' Taken by Receipt No. _EH LD <Olin Payment of the currently required Application Fee and/or Deposit (Any unused portion - of a deposit will be returned upon final action). Current fee for this application is $ as of Submittal Requirements - Variance To be completed by Applicant (attach additional sheets if necessary): 1. The following exceptional or extraordinary circumstances apply to the property in question which do not apply generally to other property under �j rJ identical zoning classification: FY?OJW-� ' i��oF j>JToj'/%/I t�' ! 145' A /1 V' /F4/� /'AMP /-Do/! //4A /5 f A45Wi l O ' • /V 6- FOA /3(A J 1/Y rS o A1I.K 101 A CI to 13 all-1) W,457 W it/NWI VY/,S f C617#4-1? L =,y(1i F14-10 4 PWo8-,ft,y L!Nr , 64AlAGr- is s4441,aR 1%44 Y 2. The granting. of the Variance is necessary for the preservation and enjoyment of substantial property rights is supported by the following: QAVO My R4c5NO , VVHd lS AL!?1-:4,PY 17 I`/2r i Al C 0AA/ ARoA4 50QAL 5 IFCURIF fy , 3. The granting of the Variance will not adversely affect the neighborhood or be detrimental to the public health, safety, or welfare, or adversely affect property improvements in the neighborhood and zone in which the property is located in that: /V/;,4 N' LY 4 L L 1--R6PrA?XX 5 i rV 5411?L1aA1O1A16- IV 130 1308 — HL16p C ppy/-L6PC 0 IAI /9 76's. y1/itH Olvt y A 5' f-6o-t 115,74- gAck F19on4 plannipq Dei>arlmePst MAR 2 6 49q; ■ Butte County Department of Development Services - Planning Division ■ 4 i i ( Q � b � I. -2 C, c c< h O 6 OG - 1 I I -ZLO 00-p� Q -ZLO �' ' 3 J .I 7 � 4 1 L: 072 080 004 000 STATUS: ACTIVE L: 072 112 013 000 STATUS: ACTIVE KRAWCHUCK ISABELL R SS MACINTYRE HOWARD D & MARY K JT , 70 FEATHERVALE DR 1765 MT IDA ROAD OROVILLE CA 45966 OROVILLE CA 95966 L: 072 112 014 000 .. STATUS: ACTIVE L: 072 080 025 000 STATUS: ACTIVE MURASKO MICHAEL VINCENT WRIGHT GERALD L & GAIL A JT 501 COTTONWOOD 1845 MT IDA ROAD VACAVILLE CA 95688 OROVILLE CA 95966 L: 072 112 016 000 STATUS: ACTIVE L: 072 111 009 000 STATUS: ACTIVE ROBINSON NOAL L & LILLIAN G HUNZIKER JAY H & BETTIE E I 20 TREE VIEW LANE 91 FEATHERVALE DRIVE OROVILLE CA 95966 ` OROVILLE CA 95966 L: 072 112 017 000 STATUS: ACTIVE L: 072 111 043 000 STATUS: ACTIVE MAYFIELD HAROLD GLENN JR & FRAN ILEEN MARTIN FAMILY TRUST A MARTIN DAVID G & MOUTON PATRICIA J TRS 32 TREE VIEW LANE 74 DADOMA LN OROVILLE CA 95966 OROVILLE CA 95966 L: 072 112 040 000 STATUS: ACTIVE L: 072 112 006 000. STATUS: ACTIVE SCHNEEBERGER DALE M & SANDRA L WILSON BEATRICE ELLEN 301 N LIME ST BOX 110 LA HABRA CA 90631 ' SAN ANSELMO CA 94979 L: 072 112 041 000 STATUS: ACTT"E. L: 072 112 008 000 STATUS: ACTIVE CADY ALAN L & SHIRLEY ANN ' LONG COLLEEN J 6275 ORO BANGOR HWY 20 FEATHERVALE DR OROVILLE CA 95966 OROVILLE CA 95966 L: 072 112 009 000 STATUS: ACTIVE BEALE LOIS A BAUER LOIS A 36 FEATHERVALE DR OROVILLE CA 95966 L: 072 112 010 000 STATUS: ACTIVE EBLING GERALD D P 0 BOX 728 FAIRFIELD CA 94533 L: 072 112 012 000 STATUS: ACTIVE RETTA RICHARD J & MILDRED E 56 FEATHERVALE DRIVE . OROVILLE CA 95965 • PLANNING COUNTY OF BUTTE Oroville, California GENERAL CLAIM CLAIMANT: Lois A. Bauer ADDRESS: 36 Feathervale Drive CITY & STATE: Oroville, CA 95966 DATE OF CLAIM: December 24, 1997 IMPORTANT- SEE INSTRUCTIONS SUBMIT CLAIM TO DEPARTMENT RECEIVING GOODS OR SERVICES ON REVERSE SIDE DATE DESCRIPTION OF CLAIM (DESCRIBE FULLY TO AVOID DELAY) AMOUNT 12-24-97 Variance No. VAR 96-02 APjr072-112=009 - REFUND *190. 07 IF- TOTAL $190. 07 I,the undersigned,declare under penalty of perjury that the services or articles claimed have been performed or delivered,and that this claim is true and correct as stated. Dated this 30 day of , , 19-07,atc ,Calif. Signature of Claimant I,the undersigned,hereby certify that,to the best of my knowledge,the services or articles specified above have been performed or delivered and that there is a Budget Appropriation PN or Specific Board Approval [ ] (Check one)for the same. Dated this SM day of 19 at 0(Zzly t 4l f. ,Calif. Department Head or Authorized Deputy Dept.Code 484001 Exp.Code 4210900 PAYABLE FROM GENERAL FUND DO NOT WRIITE BELOW THIS UNE-AUDITOR'S USE ONLY DEPT.&SUB. PROJ. SUB.OBJ. CLAIM NO. INV. NO. INV. DATE ENCUMB. GROSS AMT. t coullAf LAND OF NATURAL WEALTH AND BEAUTY DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE • OROVILLE,CALIFORNIA 95965-3397 TELEPHONE: (530)538-7601 FAX: (530)538-7785 December 24, 1997 Lois A. Bauer 36 Feathervale Drive Oroville, CA 95966 RE: Variance, AP#072-112-009 File No. VAR 96-02 Dear Ms. Bauer: The total cost for the processing of the above-referenced application was $909.93. Please sign, date, and return the enclosed claim form to this office. Once we receive the claim form, we will then process your refund in the amount of$190.07. Deposit on March 6, 1996, Receipt No. 15294 $1,100.00 Professional Planner $ 486.75 Mapping $ 132.75 Clerical $ 267.60 Legal Notice Publishing in Oroville Mercury Register on May 30, 1996 22.83 Total $ 909.93 Refund Due $ 190.07 Should you have any questions, please contact Brian Larsen at 538-7601 Monday through Thursday, between 8:00 a.m. and 4:00 p.m. Sincerely, h"' PC)rL Thomas A. Parilo Director of Development Services TAP:jb Enclosure jAdocs\refunds\refu nd:wpd Date 01/07/98 19evelopment Services Depar•nt Time 10;50 am Applicant Billing Worksheet Page •1 VAR 96-02 * Lois A. Bauer 36 Feathervale Drive Oroville, CA 95966 In reference to : Variance, AP#072-112-009 Rounding : None Full. Precision : No Last bill / / Last aging Last charge 12/11/97 Last payment / / Amount $0 . 00 Date/Slip# Description HOURS/RATE AMOUNT TOTAL 02/26/96 Linda T. / C 1.00 34.00 #7986 Clerical 34.00 03/11/96 Steve L. / C 2.00 118 .00 #8159 Clerical 59.00 03/25/96 Steve L. / P 1.00 59.00 #8236 Processing 59.00 03/25/96 Linda T. / C 1.50 51.00 #8294 Clerical 34.00 04/08/96 Paula L. / P 0.25 14. 75 #8373 Processing 59.00 05/20/96 Steve L. / P 4.00 236.00 #8779 Processing 59.00 05/20/96 Lynn R. / C 1.00 45.00 #8812 Clerical 45.00 05/20/96 Larry P. / P 2.25 132.75 #8820 Processing 59 .00 06/03/96 Lynn R. / C 1.50 67.50 #8893 Clerical 45.00 06/03/96 Steve L. / P 1.00 59.00 #8905 Processing 59.00 06/03/96 Diana S. / C 0.40 13. 60 #9007 Clerical 34.00 06/17/96 Lynn R. / C 0.50 22.50 #9034 Clerical 45.00 Date 01/07/98 tevelopment Services Depart3FCent Time 10:50 am Applicant Billing Worksheet Page 2 VAR 96-02 * :Lois A. Bauer (continued) <Date-/Slip# Description HOURS/RATE AMOUNT TOTAL 06/17/96 Linda T. / C 0.50 17.00 #9126 Clerical 34.00 12/01/97 Teri B. / C 0.50 17.00 #14063 Clerical 34.00 TOTAL BILLABLE TIME CHARGES 17.40 $887. 10 Date/Slip# Description OT/PRICE 05/30/96 Lynn R. / $0 1 22.83 #8861 Publish Legal Notice in Oroville 22.83 Mercury Register TOTAL BILLABLE COSTS $22.83 TOTAL NEW CHARGES $909. 93 PAYMENTS/REFUNDS/CREDITS 03/06/96 Deposit - Receipt #15294 ( 1, 100.00) 01/07/98 Refund/Claim Form to Auditor 190.07 TOTAL PAYMENTS/REFUNDS/CREDITS ($909. 93) NEW BALANCE TOTAL NEW BALANCE $0.00 R VARIANCE BUTTE COUNTY PLANNING COMMISSION DEC 10 1997 DATE VAR96-02 VARIANCE NO. AP 072-112-009 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Lois Bauer is hereby granted a Variance in accordance with application filed: 3/6/96 to allow a garage and a wood shed structure within the ten foot side yard setback on a .83 acre lot, Oroville. FINDINGS: Section 1: Environmental Findings. A. The project is categorically exempt from review under the California Environmental Quality Act; and Section 2: Zoning Ordinance Findings. A. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, that the strict application of this chapter deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification because the property is small (83 acres) by rural residential standards and significantly smaller the 2.5 acre lot size required under the zoning designation, is constrained by two seasonal streams and accompanying riparian vegetation along the southern and western boundary that consumes approximately 8000 sq. ft. of the property, and the location of the structures does not impact the use of neighboring properties or present an aesthetic impact. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Variance for Lois Bauer on APN 072-112-009 to allow a garage and # Butte County Planning Commission Agenda Report # 1 r wood shed to remain within six (6) feet and nine (9) feet respectively of the side yard property line. Approval shall be subject to the following conditions: B. Standard Conditions of Approval: 1. Prior to issuance of variance, property owner shall obtain building permits for all. non-permitted structures from the Building Division and meet all Building Division requirements. 2. All non-permitted structures shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 3. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. I hereby declare under penalty of perjury that I have read the foregoing conditions, that they are in fact the,conditions which were imposed upon the granting of this variance, and that I agree to abide fully by said conditions. Dated: Applicant TOTE: Issuance of this variance does not waive requirement of obtaining Building and Health Department permits before starting constructio , nor does it aive any other requirements. Chairman utte County Panning mmission CC: Land Development Building Division Health Department Department of Forestry # Butte County Planning Commission Agenda Report # 2 r i �n - 7r,7, _TTI �o CAJ `�o N 1 W v-A � J � ti 41 �14 N" ` A 1 Cil i wWn 5 N.� _ F o C .75 Nk tfo 0 m D �m M;9 a W .�� G) o D � D y a m - 3 T m C!� � RY Cl C, mm Cb > Q , m m � C m tU -=--�ai 'First-class Mail UNITED STATES POSTAL SERVICE Gj 9 _ �— �-- P W Postage&„_ F�ee�s"Pai6 � - yUSFS w Permit.No.G-1`0 • Print your name„aq chess and ZIP Code£in-this_box o----`-.-__.,, ,p COUNTY OF BUTTE- DEPARTMENT OF DEVELOPMENT SERVICES PLANNING VION Baa 1,I'd i SENDER: •Complete items 1 and/or 2 for additional services. I also wish to receive the H ■Complete items 3,4a,and 4b. following services(for an d ■Print your name and address on the reverse of this form so that we can return this card to you. extra fee): EAttach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address permit. d •Write'Retum Receipt Re uested'on the mailpiece below the article number. 2. ❑ Restricted Delivery � ■The Return Receipt will show to whom the article was delivered and the date ., c delivered. Consult postmaster for fee. E 3.Article Addressed to: 4a.Article Number e Lois Bauer Z 379 332 149 C E 36 Feathervale Dr. 4b.Service Type Oroville, CA 95966 ❑ Registered [j Certified ¢ Cn rn W ❑ Express Mail ❑ Insured S c ❑ Return Receipt for Merchandise ❑ COD c 7.Date of Delivery w z V ON C? -Oa /,2 7 0 � 5.Received By: (Print Name) 8.Addressee's Address(Only if requested Wand fee is paid) �ut LiS A- c��=� 6.Signature:(Addressee or Agent) 0, N PS Form 3811, December 1994 Domestic Return Receipt OF-70-1 ^- luteCounN LAND OF NATURAL WEALTH AND BEAUTY 6 PLANNING DIVISION l�C R;.,.y AM, "' DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 December 10, 1997 Lois Bauer 36 Feathervale Dr. Oroville, CA 95966 CERTIFIED MAIL Re: Variance, AP 072-112-009 Dear Ms. Bauer: Enclosed is your validated Vairiance No. 96-02 to allow a garage and a wood shed structure within the ten foot side yard setback. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Thomas A. Parilo Director of Development Services Teri Bridenhagen Office Assistant III Enc. cc: Land Development Division Building Division Environmental Health Department of Forestry j:\temp\up7 Z 37:9 332 149 Receipt for � Certified Mail No Insurance Coverage Provided UWMSTANS Do not use for International Mail nosru slu v (See Reverse) Obi Sent to p, Lois Bauer Z Street and No. 36 Feathervale Dr. g P.O.,State anoIP Code ' Q TOrovifle, CA 95966 Go Portage - Gl$tified Fee E O lt1 ;SpecialLReliveyyfFee fRestcicted(geliveyyFF_ee I Return Receipt Showing to Whom&Date Delivered Return Receipt Showing to Whom, Date,and Addressee's Address TOTAL Postage &Fees Postmark or Date 12-10-97 i 1 � 1 • r l MEMORANDUM PLANNING DEPARTMENT TO: Butte County Assessor's Office FROM: Butte County Planning Department SUBJECT: Lois Bauer, VAR 96-02 DATE: , December 10, 1997 Pursuant to Section 65863.5 of the Government Code, the following parcel identified as 072-112-009, was: Rezone from to zoning district. X Granted a variance to allow a garage and a wood shed structure within the ten foot side yard setback. Issued a conditional jlemp\assessor APPENDIX A NOTICE OF EXEMPTION TO: — Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk County of Butte D f2 25 County Center Drive Oroville, CA 95965 JUN 2 5 19905 G d,a CANDANr J.CQQ,9,;; �Ii'; Project Title: Variance, File # VAR 96-02 C. SMA Assessor's Parcel No.: AP# 072-112-009 Applicant: Louis A. Bauer Project Location-Specific: On the south side of Feathervale Drive at its intersection with Mt. Ida Road at 36 Feathervale Drive. Project Location-City: Oroville Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: Name of Person or Agency Approving Project: Exempt Status: (Check (One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number: 15305 (a) Reasons why project is exempt: Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; Contact Person: William Farrel Telephone: (916) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: C- igna re, William Farrel De lopment Service Director CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/Butte County Location: Louis A. Bauer, File# VAR 96-02, located on the south side of Feathervale Drive at its intersection with Mt. Ida Road at 36 Feathervale Drive. Project Description: Variance to allow a garage and a wood shed structure within the ten (10) foot side yard setback. Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and prepared a Environmental Impact Report so as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which-the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County Of Butte has made the above findings of fact and that based upon the initial study and hearing record the project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By:eael, Wil . .P.Dirpment Services Lead Agency: County of Butte Date: o,&1 �6 &DECLARATION OF FEES DUE (Cali rnia Fish and Game Code Section A44) NAME AND ADDRESS OF APPLICANT Louis A. Bauer 36 Feathervale Drive Oroville, CA 95966 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: 1. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION ( X) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee ( ) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT /NON-PAYMENT OF FEES: 1. ( X) PAYMENT: The above fees have been paid. See attached receipt(s). 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: William Farrel Title: Development Service Director Lead Agency: Butte County Planning Division Date: 6-24-96 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. LOUIS A. BAUER LOIS BAUER f 1299 36 FEATHERVALE DR, ra OROVILLE, CA 95966 r 90-2267859 1211 PAYIn 1FIf (� U.B. BANK 1 800 US BANKS U.S.BANK OF CALIFORNIA OROVILLE OFFICE ) 1: 12 i L 2 26 761: 8 59 0130S i iBII' . - L 2 9 q . . GATE RECEIPT TOTAL PU6LIC LAFCO USE VARIANCES PUBLIC ZONING ENV OTHER APPLICANT RECEIVED FROM NO, RECEIVED WORKS PERMITS DOCUMENTS KEALTK RECEIPT 15482 OFFICIAL RECEIPT COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ` Co . .�,. utte un D 0 F 1 A T U A E A "d 3 A DIRECTOR'S OFFICE DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916) 538-7601 FAX: (916)538-7785 June 13, 1996 Lois Bauer 36 Feathervale Drive Oroville, CA 95966 . Re: Variance, VAR96-02, AP 072-112-009 Dear Ms. Bauer: At the regular meeting of the Butte County Planning Commission held June 13, 1996, your request for a Variance to allow a garage and wood shed structure within the ten foot side yard setback at 36 Feathervale Drive, Oroville, was approved subject to the conditions listed on the enclosures. Please sign both copies and return both copies to this Division within •40 calendar days. Should you desire to appeal any of the conditions imposed by the Planning Commission, you must do so in writing, to the Clerk of the Board of Supervisors, 25 County Center Drive, Oroville, California, prior to 5:00 p.m., Monday, June 24, 1996. The appeal deposit of $250.00 must be paid at that time. If you do not appeal and if there are no other appeal within the 10 calendar-day appeal period, the action of the Planning Commission is final. For purposes of the California Environmental Quality Act, a Notice of Exemption must be filed. The fee for the filing of a Notice of Exemption is the $25.00 documentary handling fee. A check made payable to the Butte County Treasurer in the amount of $25.00 should be submitted to the Planning Division by June 18, 1996. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Very Ve!y ruly y iarn Farrel ctor v irector Development Services WF:lr k:\forms\approvup.frm Show size span lengths and spacing of all Show complete dimen sruds,rofters , joists , girders and pierblocks.e c. Show location of septic tank T requirbd• B.R Bat A QR. 5Min. Gar. KIt. L.R. I yet bac _ ( B B A N FOUNDATION PLAN Show size of door window openln s I "-I-O Show electrlcoi layout-on floor plan Q Min. Scale: y4 - TYPICAL FRAMING Show locat(on'iif p!umb�n� cxtures %� Min. Scale: %"= 1.0" TYP PIER SECT: B•B SECT.A�A - 2 `, " PLOT PLAN / FLOOR PLAN FOUNDATION DETAILS Min Scale: I"std in.Scale: W=110 _� Min. Scale: 3/4 planning Department ALL INFORMATION SHOWN ABOVE TO BE USED AS A GUIDE MAY 2 2 1.996 ONLY IN PREPARING PLANS TO BE SUBMITTED TO BLDG. DEPARTMENT ®T®ville'Cali'®rnla Show all necessary dimensions, materials, sizes,spocings �- 0 spans of structural members Show gas appliances, plumbing Q Q fixtures, elect equip�.,applionces,lights,switches) outlets and all.other SIC�E ELEVATION pertinent data, including water heater. - - - - NOTE* ( 1 ) At(plans to be submitted in duplicate, and signed. on eac a e b the re rer of th ans. (2) Soni#Pat�on �ermct �nu ' be cssusd �rcoc 'to building permit. ''. ( 3) Building must be permitted use in zoned area. (4) All setbacks measured to closest portion of building. FRONT E L E VAT I O N COUNTY of BUTTE Min. Scale: I�"= I-O~ Dept. of Public Works V4 7 County Center Dr. Oroville, CA. 95965 PHONE: 916/338-7541 tte �,. _ u oun tg PLANNING DIVISION DEPARTMENT OF DEVELOPMENT SERVICES 7 COUNTY CENTER DRIVE - OROVILLE, CALIFORNIA 95965-3397 TELEPHONE: (916)538-7601 FAX: (916)538-7785 May 29, 1996 Lois A. Bauer 36 Feathervale Drive Oroville, CA 95966 Re: Variance, AP 072-112-009 Dear Ms. Bauer: Enclosed is a copy of the Staff Findings concerning your appliiat ion for a Variance to allow a garage and a wood shed with the ten foot side yard setback located on the south side of Feathervale Drive, Oroville. A public hearing has been set for June 13, 1996, at 9:00 a.m. This meeting will be held . in the Board of Supervisors' Room, 25 County Center Drive, Oroville, California. The Planning Commission recommends that the applicant or their authorized representative be present at the hearing to respond to any questions the Commission may have. In the event that no one will represent the applicant, please contact the Planning office prior to the scheduled public hearing. Should you have any questions regarding this matter, please contact this office between 8:00 a.m. and 4:00 p.m., Monday through Thursday. Sincerely, Stephen Lucas Associate Planner SL:Ir Enc. BUTTE COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given by the Butte County Planning Commission that public hearings will be held on Thursday, June 13, 1996, in the Butte County Board of Supervisors' Room, County Administration Center, 25 County Center Drive, Oroville, California, regarding the following item at the following time: ITEM DETERMINED TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW 9:00 a.m. - Lois A. Bauer -Variance to allow a garage and a wood shed structure within the 10 foot side yard setback on property zoned AR-2.5 (Agricultural Residential -2.5 acre parcels) located on the south side of Feathervale Drive at its intersection with Mt. Ida Road, at 36 Feathervale Drive, identified as AP 072-112-009, Oroville. (SL) (VAR96-02) The above mentioned application and map are being referred by the Planning Manager to the Planning Commission regarding policy issues for senior citizen units. The Planning Commission will be the final authority on these items. The applications and maps are on file and available for public viewing at the office of the Butte County Planning Department, 7 County Center Drive, Oroville, California. If you challenge the above applications in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the Planning Commission, at or prior to, the public hearing. BUTTE COUNTY PLANNING COMMISSION WILLIAM FARREL, DIRECTOR DEVELOPMENT SERVICES BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Public Works Director FROM: Barry K.Hogan,Planning Manager RE: Request for Comments on a Development Application: Lois A.Bauer,VAR 96-02 DATE: March 26,1996 _PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and,'if complete,for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a variance to allow a garage to be built in the 10 ft. side yard setback on property zoned AR2.5 (Agricultural-Residential,2.5 acre parcel)located at the intersection Feathervale Drive and 14.Ida Road,at 36 Feather- Vale Drive.Oroville,identified as APN 072-112-009. It is within Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) X PLANNING COMMISSION _DEVELOPMENT REVIEW COMMITTEE ON May 23, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN April 10,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO UHAVE NONE. COMMENTS(Attach additional pages if necessary): 5 A96 Oros,-. _........ to By: Date: k:\forms\comment.fim 10-16-95 BKH 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX'916-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION y p Q G TO: Butte County Sheriff' FROM: Barry K.Hogan,Planning Manager RE: Request for Comments on a Development Application: Lois A.Bauer,VAR 96-02 1 ivvZ c�2 DATE: March 26,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a variance to allow a garage to be built in the 10 ft.side yard setback on property zoned AR2.5 (Awicultural-Residential,2.5 acre parcel)located at the intersection Feathervale Drive and Mr.Ida Road,at 36 Feather- Vale Drive,Oroville,identified as APN 072-112-009. It is within Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION _DEVELOPMENT REVIEW COMMITTEE ON May 23, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN April 10,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): S Te t�atl'11b9R1i`d 4 hi��t"�i8a4t 1996 Oi9'< :v a'aaiAl By: Date: k:\forms\comment.fm 10-16-95 BKH 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 BUTTE COUNTY . DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: California Department of Forestry FROM: Barry K.Hogan,Planning Manager RE: Request for Comments on a Development Application: Lois A.Bauer,VAR 96-02 DATE: March 26,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application'for completeness and,if complete,for conditions of approval. if the application is determined to be complete within 30 days of its. submittal it should be heard at the estimated hearing date indicated below. Conunents from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a variance to allow a garage to be built in the 10 ft.side yard setback on property zoned AR2.5 (Atu'icultw-al-Residential,2.5 acre parcel)located at the intersection Feathervale Drive and Mr. Ida Road,at 36 Feather- Vale Drive,Oroville,identified as APN 072-112-009 . It is within Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) X PLANNING COMMISSION DEVELOPMENT REVIEW COMMITTEE ON May23, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN _April 10,1996. IFNO COMMENTS OR COMMUNICATIONARERECEIVED BY THAT DATE, 1VE 1VILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): APR Q By: Date: k:\forms\comment.frm 10-16-95 BKH 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 APPLICANT: Lois A.Bauer DATE: March 26, 1996 PLANNER: Steve Lucas PROJECT: Variance,to allow a garage to be built in the 10 ft.side yard setback. PLEASE CONTACT THE BUTTE COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS 1. Construction,installation or development of structures or facilities on the parcels/lots shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 2. Building identification and/or addresses shall be installed in conformance with Public Resources Code 4290 and shall be posted at the beginning of building construction and maintained continuously thereafter. 3. Fire hydrant identification, reflector or post reflectors shall be installed acceptable to the County Fire Warden. 4. In lieu of a pressurized water system or water storage tank, payment of$200.00 per created parcel into the Battalion_water tend fund,is required prior to the issuance of a building permit. 5. A pressurized community water system for fire protection is required. The specific locations and fire flow requirements shall be in accordance with the Fire Department specifications and to the satisfaction of the County Fire Warden. Average required hydrant spacing_feet, hydrant size_inches, and residual fire flow gpm. Submit plans to the Fire Department for review and approval prior to construction of facilities. 6. In lieu of hydrant installation, payment may be made into the hydrant fund at a cost of$1.72 per lineal foot of street frontage. The estimated fee amount is$ 7. Prior to recordation of the Map or application for a building permit,the applicant shall pay the then current fee for the West Chico Fire Station Fund. 8. Provide an all weather access to all structures,which is designed to carry a 40,000 pound fire apparatus at least 10 feet wide with a 15 foot vertical clearance. Revised 4-3-95 K:\standcon\var ■ Variance Standard Conditions-Butte County■ 3 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Butte County Planning Manager FROM: Barry K.Hogan,Planning Manager RE: Request for Comments on a Development Application: Lois A.Bauer, VAR 96-02 DATE: March 26,1.996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a variance to allow aag_rage to be built in the 10 ft. side yard setback on property zoned AR2.5 (Agricultural-Residential,2.5 acre parcel)located at the intersection Feathervale Drive and Mr.Ida Road at 36 Feather- Vale Drive,Oroville,identified as APN 072-112-009. It is within Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X PLANNING COMMISSION _DEVELOPMENT REVIEW COMMITTEE ON May 23, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN April 10,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YO UHA iB NONE. COMMENTS(Attach additional pages if necessary): By: Date: k:\forms\comment.fnn 10-16-95 BKH 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Development Services Director FROM: Barry K.Hogan,Planning Manager RE: Request for Comments on a Development Application: Lois A.'Bauer,VAR 96-02 DATE: March 26,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a variance to allow a garage to be built in the 10 ft. side yard setback on property zoned AR2.5 (Agricultural-Residential,2.5 acre parcel)located at the intersection Feathervale Drive and Mr.Ida Road,at 36 Feather- Vale Drive,Oroville,identified as APN 072-112-009. It is within Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) PLANNING COMMISSION _DEVELOPMENT REVIEW COMMITTEE ON May_23, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN April 10,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): r AA in ZZ &V V 119 4-2 (/j f o Planning Devartment APR 18 1996 By: Date: k:\forms\comment.frm 10-16-95 BKH 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: LAFCo FROM: Bang K.Hogan,Planning Manager RE: Request for Comments on a Development Application: Lois A.Bauer,VAR 96-02 DATE: March 26,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a variance to allow a garage to be built in the 10 ft.side yard setback on property zoned AR2.5 (Agricultural-Residential,2.5 acre parcel)located at the intersection Feathervale Drive and Mr.Ida Road,at 36 Feather- Vale Drive,Oroville,identified as APN 072-112-009. It is within Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X PLANNING COMMISSION _DEVELOPMENT REVIEW COMMITTEE ON May 23, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN April 10,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): oq! Z5� 11&14r,?Zdk � Jv fta Ment APR 9 tosa— r®vi 16,:aiifornia By: Date: -! k:\forms\comment.frm 10-16-95 BKH 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Environmental Health Department: Mary Mursu FROM: Barry K.Hogan,Planning Manager RE: Request for Comments on a Development Application: Lois A.Bauer,VAR 96-02 DATE: March 26,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a variance to allow a garage to be built in the 10 ft.side yard setback on property zoned AR2.5 (Agricultural-Residential,2.5 acre arcel)located at the intersection Feathervale Drive and Mr.Ida Road.at 36 Feather- Vale Drive.Oroville,identified as APN 072-11.2-009. It is within Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) X PLANNING COMMISSION _DEVELOPMENT REVIEW COMMITTEE ON Mav 23, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN April 10,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Atta4a5�ditional pages if n"eces's f��A / p�,GT �...r O (/fes''• yvfL, C`'��` yt d �p �./ ''-�. w--a-- \,f4 -�- ,fit• t/o,.r i o. , c.-+t, , APR By: Date: k:\forms\comment.ftm 10-16-95 BKH 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 i BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: Ag Commissioner FROM: Barry K.Hogan,Planning Manager RE: Request for Comments on a Development Application: Lois A.Bauer,VAR 96-02 DATE: March 26,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a variance to allow a garage to be built in the 10 ft. side yard setback on property zoned AR2.5 (Agricultural-Residential,2.5 acre parcel)located at the intersection Feathervale Drive and Mr.Ida Road,at 36 Feather- Vale Drive,Oroville,identified as APN 072-112-009. Itis within Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X PLANNING COMMISSION _DEVELOPMENT REVIEW COMMITTEE ON May 23, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN April 10,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): vt rzuil7Ea,�'�...uw4'�2"3 e -Ili UZ + t88�t8�i f Y®tJd{'iF :.cseta,ri'o zip By: Date: 0formskomment.fim 10-16-95 BKH 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 45) r-cyy os- rXW (*r s�t( e*Vy e—� ppb �I� YceP Q�o '71� (61M 0 '75 C r-WUo®cn Qct rb �r�y ��v -y-vg2 ce�l t B3t?inR=P*"e.�37i�rQOJ� i (J✓� / �'/ Y �G'^ / �'!� r. . V CJ 9661 6 0 AVW 9�,41 ,/ a � 616 f C'1//r04V . °a G/y cyl u , rig r-oy�l Feu z�Dovl �-- 411DI Trytp, r4yl 74 �9WL60VAO 1 BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES PLANNING DIVISION TO: FROM: Barry K.Hogan,Planning Manager RE: Request for Comments on a Development Application: Lois A.Bauer,VAR 96-02 DATE: March 26,1996 PLANNER: Steve Lucas We have received an application for development of the below described property. We are reviewing the application for completeness and,if complete,for conditions of approval. If the application is determined to be complete within 30 days of its submittal it should be heard at the estimated hearing date indicated below. Comments from your department/division/agency regarding completeness of the application and/or possible conditions of approval are requested. Should you not be able to respond in the time frame given,or if you have any questions,please do not hesitate to give us a call at 538-7601. Thank you in advance for your time and efforts. This is an application for a variance to allow a garage to be built in the 10 ft. side yard setback on property zoned AR2.5 (Agricultural-Residential,2.5 acre parcel)located at the intersection Feathervale Drive and Mr.Ida Road,at 36 Feather- Vale Drive Oroville,identified as APN 072-112-009. Itis within Supervisorial District No. 1. THIS ITEM HAS BEEN TENTATIVELY SCHEDULED FOR A HEARING BEFORE THE(check one) _X PLANNING COMMISSION _DEVELOPMENT REVIEW COMMITTEE ON May_23, 1996. YOUR COMMENTS,IF ANY,ARE REQUESTED BY NO LATER THAN April 10,1996. IFNO COMMENTS OR COMMUNICATIONARE RECEIVED BY THAT DATE, WE WILL ASSUME THAT YOUHAVE NONE. COMMENTS(Attach additional pages if necessary): s By: Date: k:\forms\comment.fim 10-16-95 BKH 7 County Center Drive -Oroville,California 95965 - 916-538-7601 -FAX 916-538-7785 BUTTE COUNTY STANDARD CONDITIONS FOR VARIANCE APPLICANT: Lois A. Bauer DATE: March 26, 1996 PLANNER: Steve Lucas AGENT: None APN: 072-112-009 PROJECT DESCRIPTION: Variance to allow a garage to be built in the 10 ft. side yard setback. Those items checked are conditions of approval. PLEASE CONTACT THE PLANNING DIVISION FOR COMPLIANCE WITH THE FOLLOWING CHECKED CONDITIONS A. SITE DEVELOPMENT 1. The project site shall be developed in accordance with the approved project site plan and the conditions contained herein. Said site plan is on file in the Planning Division, is identified as "Exhibit A"and dated _, 19_and is incorporated herein by this reference. 2. Prior to the issuance of building permits,the plans, incorporating all applicable conditions of approval shall be submitted to the Planning Division to verify compliance with said conditions of approval. 3. All electrical and mechanical equipment, including but not limited to air conditioning units, electrical boxes,transformers, and backflow presenters,shall be screened from public view. Screening shall be to the satisfaction of the Planning Division and in compliance with the Building Division. B. LANDSCAPING 1. A detailed landscape and irrigation plan consistent with the project site plan shall be submitted to and approved by the Planning Division prior to the issuance of building permits. 2. All landscaped areas shall be maintained in a healthy and thriving condition,free from weeds,trash, and debris,during the term of this permit. C. ADDITIONAL APPROVALS 1. Approval of this Variance shall become null and void if not established within one calendar year of the date of receipt of the Variance by the permittee. No formal action by the County is necessary should there be no such action by the permittee on this Variance. 2. Approval of this application does not become effective unless,prior to 4:00 p.m. on _, 199_,the applicant shall sign and file with the Department of Development Services an Indemnity Agreement in a form satisfactory to the County Counsel. ■ Variance Standard Conditions-Butte County■ 1 LEAD - IN SHEET FILE NO: VAR 96-02 AP# 072-112-009 APPLICANT: lois A. Bauer, 36 Feathervale Dr., Oroville, CA 95966 Name Address OWNER: Same Name Address RESPRESENTATIVE: None Name Address REQUEST: Variance: -rp ALLOW p GARAGE V 13f Bpr47 IN -r#,f /0 Ff. S10C V11PP St TRACK ON A SIZE: . 83 A(,• LOT LOCATION: LOCAifD dT :9E /N'rE,Pst onl rEATWFQVALE DRIVE ANo Mr (D A RD 4r 3& Af4-M mA1_F DOVE =V11tf,. SUPERVISORAL DISTRICT# EXISTING ZONING: AR Z.5 ZONING HISTORY: #239 3 2/28/84 SURROUNDING ZONING: AR 2'/Z , AQMH S SURROUNDING LAND USE: ,IZmeAl eePar nA4. SITE HISTORY: z GENERAL PLAN DESIGNATION: AG-RES. Al., r _ __. _. 5"''Eo n ...yaVs . APPLICABLE REGULATIONS: MAR 2 F im kAformsVead-in COUNTY OF DEPARTMENT OF DEVE~ FI ANNING DIVISION 63 a� - f 7 Coin,cemer or,. °Mik CA LS�ttj;A� 650IM$" W� 4pj1j�L' DIM2104 k� j CONEMENT DISTRIBUTION LIST APPLICATION: Variance VAR 96-02 DATE: March 11, 1996 County Offices and Cities: / / *�/ /f Chief Administrative Officer _XX_ Develop.Services Director X Public Works Director IV//X_ Environmental Health Directory _X_ Planning Manager — Building Manager �_X Sheriff _ BCAG — ALUC X_ I.AFCo _ APCD Butte Co.Farm Bureau Biggs _ Gridley _ Chico Oroville — Paradise _ Chico Airport Commission X_ Agricultural Commission Irrigation_ Districts Butte Water _ Biggs/W.Gridley Water Durham Irrigation OWID — Paradise Irrigation _ Richvale Irrigation Table Mountain Irrigation _ Thermalito Irrigation _ Other Domestic Water Butte Water District — California Water Service Co. _ Del Oro Wafer Co." OWID _ Thermatito Irrigation District — Other Sewer Butte Water District _ Themalito Irrigation _ Sterling City Sewer Main Skansen Subdivision(CSA 21) — LO.A.PUD /FireProtection _X_ California Department of Forestry_ EI Medio Fire Protection District Recreation Districts _ Chico Area Recreation _ Durham Area Recreation _ Feather River Rec.&Park Paradise Recreation&Park Richvale Recreation &Parks' Utilities _ PG&E North-Chico _ Chambers Cable TV Pacific Bell PG&E South-Oroville Viacom Cable TV State Agencies CalTrans Dept of Water Resources _ - Dept of Fish and Game Forestry(AUn:Craig Carter) _ Dept of Parks and Rec. _ Highway Patrol Central Reg.Wafer Quality Control Department of Conservation _ Off.of Mining Reclamation _ Off.of Governmental&Env.Relations Federal Agencies US Forest Service _ US Bureau of Land Management Other Dishicts,Agencies,Committees,etc. Lime Saddle Dist _ Community.Association — Mosq.Abatement OrovillwButte Cc Drainage _ Butte Env.l Council — Paradise Pines Com Reclamation _ Cal Native Plant Society Butte Co.Mining Committee PlaIIIIinq ncnartment MAR 2 6 9q% 3 rc Qi13%.uo 1sU..ou. �/'I�`� . qs ao A Fi 00 .� olj''s: /. �.. .shy .. DATE RECEIPT TOTAL PUBLIC LAFCO USE VARIANCES PUBLIC ZONING ENV OTHER APPLICANT RECEIVED FROM NO. RECEIVED .WORKS PERMITS DOCUMENTS HEALTH RECEIPT 15294 yr C to OFFICIAL RECEIPT ams , COUNTY OF BUTTE STATE OF CALIFORNIA OFFICE OF PLANNING ' ISSUED BY lie r • LOUIS A. BAUER - - � ' • � 1280 LOIS BAUER /— ^G 36 FEATHERVALE DR. V190-2267 90-2267 OROVILLE, CA 95966 h _�__. 19 1211 659 E PAY TO THE ORDER OF ��PGLDOLLARS 4 O U.S. BANK 1 800 US BANKS � U.S.BANK OF CALIFORNIA OROVILLE OFFICE MEMO_ 1: 1 211 2 26761: 859 0805 11811' 1280 • i _ AR G A-R oa AR 2 1/ VAR 96-02 072-112-009 Lois Bauer Project Location AR R2 1/ od �d ERROR: invalidrestore OFFENDING COMMAND:restore STACK: m� q o z' s: 3u j ► 9 /3 - 3111 3 311 X wcD LoR o�AGL 3, 33 �H o 1_ASEMrnit ,x iz, '� SC L C f/? GS Fop. 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Qs Do ILI s T-Ilt o vjt lam, 4 r.i4 ?: -liw V 7Rwl 7 INN�' 4'. .o+ CG CY' Ca f2 ' I. � � In � �. �� � < �''�� � f•: Nt o C rl ` ol. r � Q) 1 _X) N 41. V V V d wwn 5 N_f �. 4:... N7 D � -�- Flit"o u C v Y 70 ell T- 34 /1 �a a ti n I d. � � W c /CD .L Q i .• APPENDIX A NOTICE OF EXEMPTION TO: — Office of Planning and Research FROM: Butte County Planning Division 1400 Tenth Street, Room 121 7 County Center Drive Sacramento, CA 95814 Oroville, CA 95965 X County Clerk O County of Butte 25 County Center Drive Oroville, CA 95965 t " �,llV 2 5 1996 ') CAtdDACE J.GRU�3S,fi�;TH CC. "FRK Project Title: Variance, File # VAR 96-02 —Q is WAR'LL�__ PF ,;; Assessor's Parcel No.: AP# 072-112-009 Applicant: Louis A. Bauer Project.Location-Specific: On the south side of Feathervale Drive at its intersection with Mt. Ida Road at 36 Feathervale Drive. Project Location-City: Oroville Project Location-County: Butte Description of Nature, Purpose and Beneficiaries of Project: Name of Person or Agency Approving Project: Exempt Status: (Check (One) Ministerial (Sec. 15073) Declared Emergency (Sec. 15071(a)) Emergency Project (Sec. 15071 (b) and (c)) X Categorical Exemption. State type and section number: 15305 (a) Reasons why project is exempt: Minor lot line adjustments, side yard, and set back variances not resulting in the creation of any new parcel; Contact Person: William Farrel Telephone: (916) 538-7601 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a notice-of exemption been filed by the public agency approving the project? Yes No Date Received For Filing: Signa re, William Farrel De lopment Service Director i i CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FILING FEE EXEMPTION De Minimis Impact Finding (Fish and Game Code Sec. 711.4; Section 753.5c, Title 14, California Code of Regulations) Project Title/.Butte County Location: Louis A. Bauer, File# VAR 96-02, located on the south side of Feathervale Drive at its intersection with Mt. Ida Road at 36 Feathervale Drive. Project Description: Variance to allow a garage and a wood shed structure within the ten (10) foot side yard setback. Findings of Exemption (attach as necessary): 1. The county of Butte has conducted an initial study and prepared a Environmental Impact Report so-as to evaluate the potential of this project for adverse environmental impact: 2. When considering the record as a whole, there is no evidence before the County that the project will have potential for an adverse impact on wildlife resources or the habitat upon which the wildlife depends. 3. The County of Butte has, on the basis of substantial evidence, rebutted the presumption of adverse effect contained in Section 753.5 (d), of Title 14, California Code of Regulations, if applicable. 4. The project is hereby found to be de minimis in its effect on wildlife and exempt from the State Fish and Game filing fees required by Section 711.4 of the Fish and Game Code. Certification: I hereby certify that the County of Butte has made the above findings of fact and that based upon the initial study and hearing record the.project will not individually or cumulatively have an adverse effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code. By: .0 WilAmarrel, A16.P. Direc r of Development Services Lead Agency; County of Butte Date: ` DECLARATION OF FEES DUE (California Fish and Game Code Section 711.4) NAME AND ADDRESS OF APPLICANT Louis A. Bauer 36 Feathervale Drive Oroville, CA 95966 FILING NO. CLASSIFICATION OF ENVIRONMENTAL DOCUMENT: I. NOTICE OF EXEMPTION/STATEMENT OF EXEMPTION ( X ) A. Statutorily or Categorically Exempt $25.00 Clerk's Documentary Handling Fee ( ) B. De Minimus Impact - Certificate of Fee Exemption $25.00 Clerk's Documentary Handling Fee 2. NOTICE OF DETERMINATION - FEE REQUIRED ( ) A. Negative Declaration $1,250 State Filing Fee $25.00 Clerk's Documentary Handling Fee ( ) B. Environmental Impact Report $850 State Filing Fee $25.00 Clerk's Documentary Handling Fee 3. ( ) OTHER (Specify) $25.00 Clerk's Documentary Handling Fee PAYMENT /NON-PAYMENT OF FEES: I. ( X ) PAYMENT: The above fees have been paid. See attached receipt(s). 2. ( ) NON-PAYMENT: The above fees are required. Not paid. Chief Planning Official By: William Farrel Title: Development Service Director Lead Agency: Butte County Planning Division Date: 6-24-96 TWO COPIES OF THIS FORM MUST BE COMPLETED AND SUBMITTED WITH ALL ENVIRONMENTAL DOCUMENTS FILED WITH THE BUTTE COUNTY CLERK'S OFFICE. THREE COPIES OF ALL NECESSARY DOCUMENTATION ARE REQUIRED FOR FILING. ALL APPLICABLE FEES ARE DUE AND PAYABLE PRIOR TO THE FILING OF ANY ENVIRONMENTAL DOCUMENT WITH THE BUTTE COUNTY CLERK'S OFFICE. MAKE CHECKS PAYABLE TO THE COUNTY OF BUTTE. P AGENDA REPORT TO: Honorable Chair and Planning Commission FROM: Stephen Lucas, Planner DATE: May 29, 1996 REQUEST: Variance 96-02-Applicant: Lois Bauer:A variance request to allow a garage and a wood shed structure within the ten (10) foot side yard setback on a .83 acre lot located on the south side of Feathervale Drive at its intersection with Mt. Ida Road at 36 Feathervale Drive in the Oroville area. The property is zoned AR 2.5 (Agricultural Residential-2.5 acre min) in Supervisorial District 1. RELATED ITEMS: None FOR: Planning Commission Meeting of June 13, 1996 SUMMARY: This request for a variance to the side yard setback presents a difficult analysis with no clear recommendation. Staff has provided the Commission with two options for either approval or denial based on the analysis in this report and assisted by anticipated oral testimony to be heard at the meeting. PROJECT CHARACTERISTICS: The project site is a rural residential property developed with a 720 sq. ft. mobile home, three (3) storage buildings ranging in size from 56 sq. ft to 144 sq. ft., a168 sq. ft. wood shed, a 240 sq. ft. beauty shop, a 360 sq. ft. carport, and a 952 sq. ft. garage. The garage and the wood shed are both in violation of the 10 ft. side yard setback. The property is .83 acres in size and extensively covered with both natural riparian vegetation and landscaping. The property is zoned AR 2.5(Agricultural Residential-2.5 acre min.)and is in an area characterized by rural residential homesites that involve animal keeping. Only the property immediately to the north of the project site is within visual distance and is the only property to be affected by the requested variance. ANALYSIS: This is a variance request to allow an existing_garage and wood storag shed to remain within the ten (10) ft. side yard setback established in the AR 2.5 zone. The issue was brought to the attention of the Building Division as a result of complaints from a neighbor that neither the garage or the wood shed were built with building permits. Upon inspection by the Building Division, it was further determined that the buildings are in the 10 ft. setback and the matter was referred to the Planning Division along with the owners application for a variance. I The applicant indicates that the garage was originally constructed in 1991 and the wood shed was built in 198�t,at which time no permits were obtained for their construction. The applicant believed there was a 5 ft. setback from the property line which was reinforced by a sample plot plan provided by the Building Division showing a 5 ft. setback WNy 00 requirement. The exact property line location was also in question resulting in additional surveys and an acceptable Pfa""rl? agreement between the property owners as to the boundary. The applicant also indicates that the reason for constructing the garage 4 ft. too close to the property line was that the existing septic system leach field consumed much of the available yard area. At this time the applicant has applied for building permits for the structures and awaits the outcome of this variance request. Section 65906 of the State Planning and Development Law and Section 24-50.10 of the Butte County Code states that variance may only be granted when, because of special circumstances applicable to the property, including size shape topography, location or surroundings, the strict application of the zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. This property is small (.83 acres)by rural residential standards and significantly smaller than the 2.5 acre lot size required under the zoning designation. The property is further impacted by two seasonal streams and accompanying riparian vegetation along the southern and western boundary that consumes approximately 8000 sq. ft. of the 36,000 sq. foot property. The property adjacent to this project to the north is occupied by a single family structure that is built within the setback # Butte County Planning Commission Agenda Report.# 1 and encroaches to within approximately two feet of the property line. This request has no clear support for an approval recommendation based on the failure to obtain building permits that would have prevented such an encroachment and the property owner could have constructed a smaller structure that complied with the setback.requirements. A denial recommendation is equally difficult in that the property is constrained by the various factors discussed above, the structures exist and are in excellent condition, the cost of removing the structures would be great, and the location of the structures does not impact the use of neighboring properties or present an aesthetic impact. Given these concerns, staff has provided the Commission with two options and supporting findings. No adverse comments were received from other County Departments or local agencies. ENVIRONMENTAL DOCUMENTATION: This application has been defined as a project under the California Environmental Quality Act (CEQA) and as such, is subject to the requirements of CEQA. The project has been determined to be categorically exempt from environmental review under a class 5 exemption. PUBLIC NOTICE AND COMMENTS: This application requires that a public hearing be advertised and held. Advertisement of the public hearing was published in a local newspaper and were mailed to all property owners within a 300 foot radius of the subject property. As of the date of this report we have received no public comment. RECOMMENDATION: Staff has provided the Planning Commission with findings for both an approval recommendation and a denial recommendation as follows: Staff recommends that the Planning Commission approve the variance application to allow a garage and wood shed to remain within six (6) feet and nine (9) feet respectively of the side yard property line, File WAR 96-02, subject to the following findings and conditions contained in exhibit A-1; or Staff recommends that the Planning Commission deny the variance application to allow a garage and woodshed within the ten (10)ft. side yard setback, File WAR 96-03, subject to the following findings and conditions contained in exhibit A-2. Reviewed and approved by: Wiffiam'Farre,`Director . Development Services # Butte County Planning Commission Agenda Report # 2 i EXHIBIT A-1 VARIANCE FINDINGS: Section 1: Environmental Findings. A. The project is categorically exempt from review under the California Environmental Quality Act; and Section 2: Zoning Ordinance Findings. , A. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings,that the strict application of this chapter deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification because the property is small (.83 acres) by rural residential standards and significantly smaller the 2.5 acre lot size required under the zoning designation, is constrained by two seasonal streams and accompanying riparian vegetation along the southern and western boundary that consumes approximately 8000 sq. ft. of the property, and the location of the structures does not impact the use of neighboring properties or present an aesthetic impact. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to approve the Variance for Lois Bauer on APN 072-112-009 to allow a garage and wood shed to remain within six (6) feet and nine (9) feet respectively of the side yard property line. Approval shall be subject to the following conditions: B. Standard Conditions of Approval: 1. Prior to issuance of variance, property owner shall obtain building permits for all non- permitted structures from the Building Division and meet all Building Division requirements. 2. All non-permitted structures shall comply with the latest California Fire Safe Regulations, (Public Resources Code 4290), and all other applicable State and County codes, ordinances and regulations in effect at the time of application for improvement permits. 3. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. Minor changes may be approved administratively by the Director of Development Services, or designee, upon receipt of a substantiated written request by the applicant. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. Attachments: A: Vicinity Map B: Site Plan y Butte County Planning Commission Agenda Report # 3 EXHIBIT A-2 VARIANCE FINDINGS: Section 1: Environmental Findings. A. The project is categorically exempt from review under the California Environmental Quality Act; and Section 2: Zoning Ordinance Findings. , A. In accordance with Butte County Code Section 24-50.10, there are not special circumstances applicable to the property, relating to size, shape, topography, location, or surroundings, that the strict application of this chapter deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification. B. The failure to make application for and obtain building permits for the structures in question has resulted in a violation of the Building Codes of Butte County and the setback requirements of the Butte County Zoning Ordinance found in Section 24-95 for property zoned AR-2.5. Section 3: Action. A. Subject to the findings indicated in Sections 1 and 2 of this report, move to deny the Variance for Lois Bauer on APN 072-112-009 to allow a garage and wood shed to remain within the ten (10)foot side yard setback. Attachments: A: Vicinity Map B: Site Plan # Butte County Planning Commission Agenda Report # 4 l- �; Vicinity Map O ks a�a Mobil Hom e �o a� o° �o Project Location 0 s VAR 96-02 AN 072-112-009 a AR- H A-R oa AR 2 1/ I ° d� O Project Location R21/ ------------------ BUTTE ---------------BUTTE COUNTY PLANNING COMMISSION Applicant: Lois Bauer Owner: Same Hearing Date: Existing Zone: AR(Agricultural Residential, 2 1/2 acre min.) N Request: Variance to allow a garage to be built in the 10 ft. side yard setback. No Scale Assessor Parcel No: 072-112-009 File: 96-02 a ya a i,31WXx� m ^1 7z tl l y� o o.c -Q p S Z iJ -7�ww!75 N/ Add w � D m� O ;t m a m \)1Q\_ W r I� 1ZA o m